This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

8087 

Vol. 72, No. 36 

Friday, February 23, 2007 

1To view the proposed rule go to http:// 

www.regulations.gov, click on the ‘‘Advanced 

Search’’ tab, and select ‘‘Docket Search.’’ In the 

Docket ID field, enter APHIS–2006–0027, then click 

‘‘Submit.’’ Clicking on the Docket ID link in the 

search results page will produce a list of all 

documents in the docket. 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

7 CFR Parts 305 and 318 

[Docket No. APHIS–2006–0027] 

RIN 0579–AC15 

Interstate Movement of Fruits and 

Vegetables From Hawaii 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Final rule. 

SUMMARY: We are amending the 

regulations to remove vapor heat 

treatment as an approved treatment for 

bell pepper, eggplant, Italian squash, 

and tomato moved interstate from 

Hawaii. This action is necessary because 

these four commodities can serve as 

hosts for the solanum fruit fly, which 

has been detected in Hawaii. Vapor heat 

treatment is not an approved treatment 

for that pest. We are also providing for 

the use of irradiation as an approved 

treatment for all Capsicum spp. 

(peppers) and Cucurbita spp. (squash) 

moved interstate from Hawaii. This 

action will relieve unnecessary 

restrictions on the interstate movement 

of peppers and squash and allow a 

greater variety of Capsicum spp. and 

Cucurbita spp. to be moved interstate 

from Hawaii. 

EFFECTIVE DATE: March 26, 2007. 

FOR FURTHER INFORMATION CONTACT: Mr. 

David B. Lamb, Import Specialist, 

Commodity Import Analysis and 

Operations, PPQ, APHIS, 4700 River 

Road Unit 133, Riverdale, MD 20737– 

1236; (301) 734–8758. 

SUPPLEMENTARY INFORMATION: 

Background 

The Hawaiian fruits and vegetables 

regulations, contained in 7 CFR 318.13 

through 318.13–17 (referred to below as 

the regulations), govern, among other 

things, the interstate movement of fruits 

and vegetables from Hawaii. Regulation 

is necessary to prevent the spread of 

dangerous plant diseases and pests that 

occur in Hawaii. Some fruits and 

vegetables regulated under the Hawaiian 

fruits and vegetables regulations are 

allowed to move interstate if they are 

treated with an approved treatment for 

certain plant pests. Lists of approved 

treatments for these fruits and 

vegetables and requirements for 

conducting these treatments are 

contained in 7 CFR part 305. 

On October 11, 2006, we published in 

the Federal Register (71 FR 59694– 

59696, Docket No. APHIS–2006–0027) a 

proposal 1 to amend the regulations by 

removing vapor heat treatment as an 

approved treatment for bell pepper, 

eggplant, Italian squash, and tomato 

moved interstate from Hawaii. We 

proposed this action because these four 

commodities can serve as hosts for the 

solanum fruit fly, which has been 

detected in Hawaii, and vapor heat 

treatment is not an approved treatment 

for that pest. We also proposed to 

provide for the use of irradiation as an 

approved treatment for all Capsicum 

spp. (peppers) and Cucurbita spp. 

(squash) moved interstate from Hawaii. 

Treatment with irradiation is approved 

to neutralize all fruit flies of the family 

Tephritidae. 

We solicited comments concerning 

our proposal for 60 days ending 

December 11, 2006. We did not receive 

any comments. Therefore, for the 

reasons given in the proposed rule, we 

are adopting the proposed rule as a final 

rule, without change. 

Executive Order 12866 and Regulatory 

Flexibility Act 

This final rule has been reviewed 

under Executive Order 12866. The rule 

has been determined to be not 

significant for the purposes of Executive 

Order 12866 and, therefore, has not 

been reviewed by the Office of 

Management and Budget. 

This rule is in response to a species 

of fruit fly that has been detected in 

Hawaii, the solanum fruit fly 

(Bactrocera latifrons). Bell peppers, 

eggplant, Italian squash, and tomatoes 

are the four commodities for which 

vapor heat treatment has been an 

approved treatment that are affected by 

the solanum fruit fly. Because limited 

research has been done regarding the 

effectiveness of vapor heat treatment at 

neutralizing solanum fruit fly, APHIS is 

removing vapor heat treatment from the 

list of approved treatments for bell 

peppers, eggplant, Italian squash, and 

tomatoes moved interstate from Hawaii. 

While vapor heat treatment will no 

longer be an approved treatment, 

irradiation is an approved treatment for 

the interstate movement of bell peppers 

and Italian squash from Hawaii. We are 

amending the regulations to approve 

irradiation as a treatment for all species 

of the genus Capsicum (peppers), not 

just bell peppers, and all species of the 

genus Cucurbita (squash), not just the 

Italian squash. APHIS has previously 

determined that an irradiation dose of 

150 gray is sufficient to neutralize all 

fruit flies that affect Capsicum spp. and 

Cucurbita spp. in Hawaii, including the 

solanum fruit fly. 

Approximately $15.4 million worth of 

eggplant, green peppers, Italian squash, 

Oriental squash, and tomatoes were 

produced in the State of Hawaii in 2004, 

amounting to 52 million pounds (table 

1). However, none of the eggplant, green 

peppers, Italian squash, or tomatoes 

produced in Hawaii in 2004 was moved 

interstate to the U.S. mainland. 

According to the Hawaii Department of 

Agriculture, none of these commodities 

has been moved interstate from Hawaii 

to the U.S. mainland within the last 2 

years. 


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8088 Federal Register / Vol. 72, No. 36 / Friday, February 23, 2007 / Rules and Regulations 

TABLE 1.—PRODUCTION AND VALUE OF HAWAIIAN EGGPLANT, PEPPERS, SQUASH, AND TOMATOES, 2004 

Commodity Quantity 

(lb) Value 

Eggplant ................................................................................................................................................................... 1,050,000 $809,000 

Peppers (Green) ...................................................................................................................................................... 3,200,000 2,208,000 

Squash (Italian, Oriental) ......................................................................................................................................... 2,350,000 1,263,000 

Tomatoes ................................................................................................................................................................. 16,800,000 11,088,000 

Total .................................................................................................................................................................. 52,200,000 15,368,000 

Source: USDA, Hawaii Agricultural Statistics, 2006. 

The regulations will continue to give 

Hawaiian entities the opportunity to 

move Capsicum spp. and Cucurbita spp. 

interstate. While vapor heat treatment 

will no longer be an approved treatment 

for bell peppers and Italian squash, 

irradiation will become an approved 

treatment for all Capsicum spp. and 

Cucurbita spp. Irradiation will continue 

to be an approved treatment for eggplant 

and tomatoes as well. 

Accordingly, we do not expect that 

this rule will have a significant 

economic impact on a substantial 

number of small entities. This rule is 

necessary to safeguard the U.S. 

mainland from the introduction of 

solanum fruit fly (Bactrocera latifrons). 

Because in recent years eggplant, 

peppers, squash, and tomatoes have not 

been moved interstate from Hawaii, the 

rule is not expected to have a significant 

impact on small or large entities. 

Under these circumstances, the 

Administrator of the Animal and Plant 

Health Inspection Service has 

determined that this action will not 

have a significant economic impact on 

a substantial number of small entities. 

Executive Order 12372 

This program/activity is listed in the 

Catalog of Federal Domestic Assistance 

under No. 10.025 and is subject to 

Executive Order 12372, which requires 

intergovernmental consultation with 

State and local officials. (See 7 CFR part 

3015, subpart V.) 

Executive Order 12988 

This final rule has been reviewed 

under Executive Order 12988, Civil 

Justice Reform. This rule: (1) Preempts 

all State and local laws and regulations 

that are inconsistent with this rule; (2) 

has no retroactive effect; and (3) does 

not require administrative proceedings 

before parties may file suit in court 

challenging this rule. 

Paperwork Reduction Act 

This final rule contains no new 

information collection or recordkeeping 

requirements under the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501 

et seq.). 

Lists of Subjects 

7 CFR Part 305 

Irradiation, Phytosanitary treatment, 

Plant diseases and pests, Quarantine, 

Reporting and recordkeeping 

requirements. 

7 CFR Part 318 

Cotton, Cottonseeds, Fruits, Guam, 

Hawaii, Plant diseases and pests, Puerto 

Rico, Quarantine, Transportation, 

Vegetables, Virgin Islands. 

■ Accordingly, we are amending 7 CFR 

parts 305 and 318 as follows: 

PART 305—PHYTOSANITARY 

TREATMENTS 

■ 1. The authority citation for part 305 

continues to read as follows: 

Authority: 7 U.S.C. 7701–7772 and 7781–

7786; 21 U.S.C. 136 and 136a; 7 CFR 2.22, 

2.80, and 371.3. 

■ 2. In § 305.2, in the table in paragraph 

(h)(2)(ii), the entry for Hawaii is 

amended as follows: 

■ a. By removing the entries for ‘‘Bell 

pepper’’ and ‘‘Squash, Italian’’. 

■ b. By adding, in alphabetical order, 

entries for ‘‘Capsicum spp. (peppers)’’

and ‘‘Cucurbita spp. (squash)’’ to read as 

set forth below. 

■ c. By revising the entries for 

‘‘Eggplant’’ and ‘‘Tomato’’ to read as set 

forth below 

§ 305.2 Approved treatments. 

* * * * * 

(h) * * * 

(2) * * * 

(ii) * * * 

Location Commodity Pest Treatment 

schedule 

* * * * * * * 

Hawaii ................................. ....................................... ....................................................................................

* * * * * * * 

Capsicum spp. (peppers) .. Fruit flies of the family Tephritidae ................................ IR. 

* * * * * * * 

Cucurbita spp. (squash) .... Fruit flies of the family Tephritidae ................................ IR. 

Eggplant ............................. Fruit flies of the family Tephritidae ................................ IR. 

* * * * * * * 

Tomato ............................... Fruit flies of the family Tephritidae Ceratitis capitata .... IR. MB T101-c-3. 

* * * * * * * 

* * * * * ■ 3. In § 305.34, in paragraph (a)(1), the 

table is amended as follows: 

■ a. By removing the entries for ‘‘Bell 

pepper’’ and ‘‘Italian squash’’. 


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Federal Register / Vol. 72, No. 36 / Friday, February 23, 2007 / Rules and Regulations 8089 

■ b. By adding, in alphabetical order, 

entries for ‘‘Capsicum spp. (peppers)’’

and ‘‘Cucurbita spp. (squash)’’ to read as 

set forth below. 

§ 305.34 Irradiation treatment of certain 

fruits and vegetables from Hawaii, Puerto 

Rico, and the U.S. Virgin Islands. 

(a) * * * 

(1) * * * 

IRRADIATION FOR PLANT PESTS IN

HAWAIIAN FRUITS AND VEGETABLES

Commodity Dose (gray) 

* * * * * 

Capsicum spp. (peppers) ..... 150 

* * * * * 

Cucurbita spp. (squash) ....... 150 

* * * * * 

* * * * * 

PART 318—HAWAIIAN AND 

TERRITORIAL QUARANTINE NOTICES 

■ 4. The authority citation for part 318 

continues to read as follows: 

Authority: 7 U.S.C. 7701–7772 and 7781–

7786; 7 CFR 2.22, 2.80, and 371.3. 

§ 318.13–4b [Amended] 

■ 5. In § 318.13–4b, paragraph (b) is 

amended as follows: 

■ a. By removing the words ‘‘bell 

peppers’’ and adding the words 

‘‘Capsicum spp. (peppers)’’ in their 

place. 

■ b. By adding the words ‘‘Cucurbita 

spp. (squash),’’ after the word 

‘‘carambolas,’’. 

■ c. By removing the words ‘‘Italian 

squash,’’. 

§ 318.13–4f [Amended] 

■ 6. Section 318.13–4f is amended as 

follows: 

■ a. By removing the words ‘‘bell 

pepper’’ and adding the words 

‘‘Capsicum spp. (peppers)’’ in their 

place. 

■ b. By adding the words ‘‘Cucurbita 

spp. (squash),’’ after the word 

‘‘carambola,’’. 

■ c. By removing the words ‘‘Italian 

squash,’’. 

Done in Washington, DC, this 16th day of 

February 2007. 

W. Ron DeHaven, 

Administrator, Animal and Plant Health 

Inspection Service. 

[FR Doc. E7–3124 Filed 2–22–07; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2006–25948; Directorate 

Identifier 2006–NE–32–AD; Amendment 39–

14951; AD 2007–04–19] 

RIN 2120–AA64 

Airworthiness Directives; Superior Air 

Parts, Inc. (SAP), Cast Cylinder 

Assemblies Part Numbers Series: 

SA47000L, SA47000S, SA52000, 

SA55000, SL32000W, SL32000WH, 

SL32006W, SL36000TW, SL36000W, 

and SL36006W 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule; request for 

comments. 

SUMMARY: The FAA is adopting a new 

airworthiness directive (AD) for certain 

SAP cast cylinder assemblies installed 

in Teledyne Continental Motors (TCM) 

470, 520, and 550 series reciprocating 

engines, Lycoming Engines (LE) 320, 

360, and 540 series reciprocating 

engines, Avco Lycoming (AL) 540 series 

reciprocating engines, and Superior Air 

Parts, Inc. (SAP) 360 series reciprocating 

engines. This AD requires removing 

from service certain SAP part numbered 

(P/N) cast cylinder assemblies installed 

in TCM, LE, and AL reciprocating 

engines. This AD also requires removing 

from service certain cast cylinder 

assemblies installed as original 

equipment in SAP reciprocating 

engines, or in certain overhauled or 

repaired SAP reciprocating engines. 

This AD results from nine separated 

SAP cylinder assemblies in TCM 

reciprocating engines and one in LE 

reciprocating engines. We are issuing 

this AD to prevent cylinder separation 

that can lead to engine failure, a 

possible engine compartment fire, and 

damage to the airplane. 

DATES: This AD becomes effective 

March 12, 2007. 

We must receive any comments on 

this AD by April 24, 2007. 

ADDRESSES: Use one of the following 

addresses to comment on this AD: 

• DOT Docket Web site: Go to 

http://dms.dot.gov and follow the 

instructions for sending your comments 

electronically. 

• Government-wide rulemaking Web 

site: Go to http://www.regulations.gov 

and follow the instructions for sending 

your comments electronically. 

• Mail: Docket Management Facility; 

U.S. Department of Transportation, 400 

Seventh Street, SW., Nassif Building, 

Room PL–401, Washington, DC 20590–

0001. 

• Fax: (202) 493–2251. 

• Hand Delivery: Room PL–401 on 

the plaza level of the Nassif Building, 

400 Seventh Street, SW., Washington, 

DC, between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Jurgen Priester, Aerospace Engineer, 

Special Certification Office, FAA, 

Rotorcraft Directorate, Southwest 

Regional Headquarters, 2601 Meacham 

Blvd., Fort Worth, Texas 76137; 

telephone (817) 222–5159; fax (817) 

222–5785. 

SUPPLEMENTARY INFORMATION: SAP 

informed the FAA on July 12, 2006, that 

at least nine SAP cylinder assemblies 

installed in TCM 470, 520, and 550 

series reciprocating engines and one 

installed in LE 320, 360, and 540 series 

reciprocating engines had separated at 

the cylinder head-to-barrel threaded 

interface because SAP omitted a heat 

treat process step during cylinder barrel 

manufacture. This omission resulted in 

higher stresses in the cylinder head-tobarrel threaded interface, leading to 

fatigue cracking and cylinder head 

separation. The lowest time-in-service 

(TIS) for a cylinder assembly known to 

have separated from this defect is 202 

hours TIS. SAP isolated this defect to a 

specific production lot of 1,354 barrel 

forgings used as original equipment on 

SAP O–360 engines and in SAP PMA 

cylinder assemblies as replacement 

parts for various TCM, LE, and AL 

engine models. This AD addresses the 

barrels used in SAP PMA cylinders 

installed in the engines listed below. 

CYLINDER ASSEMBLY ELIGIBILITY

Series engines P/N cylinder assemblies 

TCM 470, 520, and 550 ........................................................................... SA47000L–A1, SA47000L–A20P, SA47000S–A1, SA47000S–A20P, 

SA47000S–A21P, SA52000–A1, SA52000–A20P, SA52000–A21P, 

SA52000–A22P, SA52000–A23P, SA55000–A1, or SA55000–A20P. 


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